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N.J. TURNPIKE AUTHORITY v. O'NEILL

133 N.J. Super. 445 (1975)

337 A.2d 381

NEW JERSEY TURNPIKE AUTHORITY, PLAINTIFF-APPELLANT, v. JOHN I. O'NEILL, AS SUBSTITUTED ADMINISTRATOR C.T.A. AND SUCCESSOR TRUSTEE UNDER THE WILL OF JOHN I. O'NEILL, DECEASED, AND AS EXECUTOR UNDER THE WILL OF CATHERINE O'NEILL, DECEASED; JOHN I. O'NEILL, INDIVIDUALLY, AND ROSANNE O'NEILL, HIS WIFE; PETER L. O'NEILL AND GRETA B. O'NEILL, HIS WIFE; AND JAMES ROGERS O'NEILL AND ANDREA O'NEILL, HIS WIFE; THE BOROUGH OF EAST RUTHERFORD, A MUNICIPAL CORPORATION OF THE STATE OF NEW JERSEY; AND THE STATE OF NEW JERSEY, DEFENDANTS-RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided April 15, 1975.

Attorney(s) appearing for the Case

Mr. Bernard M. Reilly argued the cause for the appellant.

Mr. John C. Heavey argued the cause for the respondents (Messrs. Carpenter, Bennett & Morrissey, attorneys; Mr. James R. Lamb, on the brief).

Before Judges MICHELS, MORGAN and MILMED.

PER CURIAM.

In this condemnation case plaintiff-condemnor, New Jersey Turnpike Authority, appeals from a judgment of the Law Division entered after a nonjury trial awarding defendant O'Neill $199,660 plus interest as compensation for the parcel taken and consequential damages to the property remaining in defendants' ownership.

In July 1967 plaintiff, as part of its Turnpike widening program, filed its complaint and declaration of taking of approximately five...

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